Kakakios v D & S Radosh Pty Ltd [2019] NSWCATAP 245

Kakakios v D & S Radosh Pty Ltd [2019] NSWCATAP 245

The Tribunal below made inconsistent findings on whether the mattress and base were supplied to the appellant or her daughter, which was an error justifying allowing the appeal. The Appeal Panel exercised its power to join Fiona Purkis as a party, consistent with the Tribunal's procedural requirements to facilitate the substantive merits, and entered judgment in favour of the appellants for proven defects and damage as previously found.

Parties
First Appellant/applicant: Maria Kakakios; Second Appellant/applicant: Fiona Purkis; Respondent: D & S Radosh Pty Ltd
Jurisdiction
Australia
Judgment Date
02 October 2019
Procedural Posture
Civil and Administrative Tribunal Appeal / Appeal Panel Decision
Outcome
Appeal upheld; orders made for joinder and for payment and collection of goods by respondent.
Legal Topics
Consumer Guarantees, Joinder of Parties, Jurisdiction, Supply of Goods, Supply of Services, Remedies
Consumer Law Consumer Guarantees Joinder of Parties Jurisdiction Supply of Goods Supply of Services Remedies

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Parties

Maria Kakakios

First Appellant/applicant

Fiona Purkis

Second Appellant/applicant

D & S Radosh Pty Ltd

Respondent

Procedural Posture

Civil and Administrative Tribunal Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether the Tribunal erred in finding inconsistent facts regarding supply of goods to the appellant
  2. 2 Whether appropriate relief required joinder of Fiona Purkis as a party

Ratio Decidendi

The Tribunal below made inconsistent findings on whether the mattress and base were supplied to the appellant or her daughter, which was an error justifying allowing the appeal. The Appeal Panel exercised its power to join Fiona Purkis as a party, consistent with the Tribunal's procedural requirements to facilitate the substantive merits, and entered judgment in favour of the appellants for proven defects and damage as previously found.

Court Disposition

Appeal upheld; orders made for joinder and for payment and collection of goods by respondent.

Orders

  • Fiona Purkis be added as the second appellant to appeal AP 19/28850.
  • Fiona Purkis be added as the second applicant to proceedings GEN 19/03573.